6 ways TS Thakur already seems to be a different Chief Justice of India (CJI)

CJI Thakur: Different breed?
CJI Thakur: Different breed?

It’s been less than a week that Justice TS Thakur took oath as the Chief Justice of India and it doesn’t seem as though he’ll have a straight road ahead of him: he’s taking up the chief’s mantle in the midst of a polarised intolerance debate, a tussle between parliamentary and judicial supremacy tussle and almost stagnant judicial appointments.

But behold! Unlike his predecessors who would refuse to comment on many issues as the head of the institution, Thakur is apparently not afraid to speak or act, outside of his judicial output (he has set up the RM Lodha Committee in the BCCI case and ordered a CBI enquiry in the Saradha chit fund case).

And he’s often rather sensible too.

Here are the list of things he has said so far after becoming the Chief Justice.

1. On AAP’s odd-even car day formula

Unlike most judges, Thakur seems to be quite candid in his communication with the press – something the Supreme Court has historically had problems with.

“If a judge of Supreme Court can pool cars (with brother judges), it sends a message to the people that we have no problem,” he told reporters. “We can walk down or even take a bus.”

To which Kejriwal replied on Twitter:

“(His) support to odd-even formula is welcome and a huge encouragement. Supreme Court judges pooling cars would inspire millions to follow. Thank you My Lords.”

Not only this, Thakur invited wrath of the self appointed critic of the judicial system, Justice Katju for speaking his mind:

I am sorry he has started off his tenure as CJI on a wrong note by praising the odd even car system proposed by AAP. Where was the need for saying this ? Many people doubt the efficacy of the system, and what if the system is challenged in Court ? Will it not create embarrassment for the Judge hearing the case when the head of the judiciary has praised it ?

2. On intolerance

Wading into the current intolerance tornado played out in politics and the media, he had the following comforting statement:

We are capable of protecting the rights of all sections of the people. It is our responsibility. Rule of law and constitutional guarantees are enshrined (in the constitution).

“What to talk of citizens, rights of all the people will be protected. There is nothing to fear,” he said, adding: “The rule of law is even for non-citizens.”

So long as there was rule of law, constitutional guarantees and an independent judiciary, “tab tak kisi baat ka dar nahin hona chahiye (till then, one should not fear anything)”, he said*.*

3.On bad judges

When questioned by reporters, he said:

We will be intolerant towards deviant behaviour and allegations of corruption and cleanse the institution. The system must react to what is not acceptable. We should not remain quiet on what is not acceptable.

4. On the ambitious Ganga cleaning project, he waxed diplomatic

“Ganga cleaning is very ambitious,” he said, adding that the judiciary would support the government on it but that the issue was “how honestly it is carried forward” but also noted that the government seems to be serious about it and has earmarked Rs.20,000 crore for the project.

5. On the appointment of quality judges

He talked of improving the collegium system but he wisely chose to be cautious.

Commenting that this is a mammoth exercise, Thakur said that he would embark on this exercise only after the five-judge constitution bench spells out a transparent procedure of appointing judges. He said it will take some time time as “I will be comfortable if I know how I am expected to work. It will be safer and prudent.”

6. Katju (mostly) likes him

For what it’s worth, ex judge Markandey Katju had nearly nothing but praise for Thakur (unlike the unsubstantiated brickbats he chucked at ex-CJI Dattu, accusing him of corruption, which was never subsequently proved).

Katju blogged (in a now deleted blog post): “I regard the present Chief Justice of India as a good man. I was his Chief Justice when I was CJ of Delhi High Court, and he was a puisne Judge there. There was never any complaint against his integrity or competence.”

(Of course, that uncharacteristically gushing comment by Katju was tempered by his criticism of Thakur’s endorsement of the odd-even car policy, but as a CJI you can never have it all).

Godspeed Justice Thakur, you will need it.

Comments

KnowTheTruth 9 Dec 2015, 14:07
+3 -1
Well begun is half done. Congratulations to CJ Thakur, and good luck India!

I am particularly impressed by his first statement of carpooling to be adopted by judges. It is common for policy makers to come up with suggestions for what common people should/should not do. But its rare when people in power volunteer to start charity at home!
Avoidable 9 Dec 2015, 14:13
+14 -1
Sounds like a click-bait article to me. For a moment, the headline sounded like something taken straight out of buzzfeed or scoopwhoop or something.
kianganz 10 Dec 2015, 09:21
+4 -7
Yeah, sometimes we like to have a little fun with headlines...
Lawyerbynature 9 Dec 2015, 14:27
+1 -1
What makes a more interesting read is this piece, which goes on to prove that the press can misconstrue and misinterpret the statement of even the CJI : http://www.firstpost.com/india/intolerance-debate-what-chief-justice-ts-thakur-said-and-how-media-interpreted-him-2536048.html.
Not a Katju fan 10 Dec 2015, 09:08
+2 -0
With due respect - I am not sure that I care about what he says. LegallyIndia query why air his views and not views of other ex-judges? Query if it is right to set the tone of arguments based on what Justice Katju Tweets. He already has a medium through which he expresses opinion and not sure why legal press in India needs to give him more millage? This is my humble view.

Awaiting barrage of abuse!
kianganz 10 Dec 2015, 09:20
+2 -0
You're absolutely right. For the avoidance of doubt, whenever we quote Katju, we do so firmly with our tongue in cheek.
Guest 11 Dec 2015, 06:43
+0 -0
Chief justice of India is the highest legal authority in the country. Chief Justice of India adminsters oath to President of India the highest authority in the country. Besides, CJI carries the hope of 122 crores of Indians to ensure that their rights are protected and justice is rendered to them. Besides, all CJI is also chancellor to few national law schools like NLSIU, Bangalore and NUJS, Kolkata. As a chancellor he should also look into irregularities, illegalities and gross human rights violations taking place in these two institutions.
Guest 15 Dec 2015, 07:41
+0 -1
- highest legal authority
- carries hopes of Indians
- protector of rights

Yes, he MUST look into irregularities and illegalities at NLS & NUJS!!!
K Rajasekharan 11 Dec 2015, 09:25
+0 -1
I wholeheartedly appreciate the views in this article and find from the news reports that he is a different kind if chief justice who speaks the truth and truth alone without fearing anything at all.
I wish him a great innings at the Bench and hope that he may regain the pride of the judiciary which is now at stake.
@ Kian 15 Dec 2015, 05:59
+0 -0
Where did Thakur did LLB from?
Guest 15 Dec 2015, 07:40
+0 -0
Not 'the Law School'; nor a National Law School - certainly not a 'top' one! Can't really be much (tongue firmly in cheek).